D.C. Mun. Regs. tit. 17, r. 17-1726

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 17-1726 - EVIDENCE AT THE HEARING

1726.1

All testimony at a hearing before a Hearing Examiner shall be under oath or affirmation.

1726.2

If any part of the record in any other proceeding previously held before a Hearing Examiner, or part of the record in any criminal or civil action, including hearings before any administrative agency, is offered in evidence, a certified true copy of that part shall be presented to the Director in the form of an exhibit, unless either of the following requirements is satisfied:

(a) The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by the Director; or

(b) There is a stipulation that the record may be incorporated by reference and the Director orders that incorporation.

1726.3

A Hearing Examiner shall exclude irrelevant, immaterial, and unduly repetitious evidence.

1726.4

A Hearing Examiner may take official notice, at the request of a party or on its own motion, of the following:

(a) The law and rules of the District of Columbia, the United States, or any state or other jurisdiction of the United States;

(b) Material facts in the official files of a board, the Department, or other District of Columbia or federal agency; or

(c) A fact that is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to resources the accuracy of which cannot reasonably be requested.

1726.5

If a Hearing Examiner takes official notice of a material fact not appearing in the evidence in the record, it shall give a party the opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

1726.6

The parties may, by stipulation in writing filed with a Hearing Examiner, agree on the facts or any portion thereof involved in a hearing. The parties may stipulate to the testimony that would be given by a witness if the witness were present.

1726.7

The Hearing Examiner may require additional evidence concerning any matter covered by a stipulation.

1726.8

The Director shall take all necessary steps to insure that all department employees who are called by a party as a witness are present at the hearing; provided, that the party has submitted their names and titles in writing to the Hearing Examiner at least three (3) business days in advance of the hearing.

D.C. Mun. Regs. tit. 17, r. 17-1726

Final Rulemaking at 50 DCR 9549 (November 14, 2003)